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· 9/5/1995

Tony Duckett v. Salvador Godinez Brian McKay

Citations

  • 67 F.3d 734
  • 95 Daily Journal DAR 11996
  • 95 Cal. Daily Op. Serv. 6979
  • 1995 U.S. App. LEXIS 24705
  • 1995 WL 519730

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that 24 shackling during the sentencing hearing in the absence of a compelling need and consideration of less 25 restrictive alternatives constitutes constitutional error
  • holding that 17 shackling during the sentencing hearing in the absence of a compelling need and consideration of 18 less restrictive alternatives constitutes constitutional error
  • holding that the shackling of a defendant during the penalty phase of a capital trial is inherently prejudicial and may only occur if compelling circumstances justify the need for shackling to maintain order in the courtroom
  • holding that the shackling of a defendant during the penalty phase of a capital trial is inherently prejudicial and may only occur if compelling circumstances justify the need for shackling to maintain order in the courtroom
  • holding that the shackling of a defendant during the penalty phase of a capital trial is inherently prejudicial and may only occur if compelling circumstances justify the need for shackling to maintain order in the courtroom
  • holding that the shackling of a defendant during the penalty phase of a capital trial is inherently prejudicial and may only occur if compelling circumstances justify the need for shackling to maintain order in the courtroom

Source: CourtListener parenthetical corpus (CC0).

Judges: Brunetti, Thompson, Hawkins

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.